Clause 2
The second clause
proposes to repeal and
substitute section 24(1)
of the Electoral Act. The
new section removes the
provision that requires
the voter registration
officer to fill the
claimant’s form for voter
registration on behalf of
a potential voter.
The proposed amendment must be considered progressive as it now provides for an
efficient, expedited and simpler process for voter registration compared to the current
provision of the Electoral Act.
The current provision in the Act places an obligation on the voter registration officer to
complete the prescribed form on behalf of any person wishing to be registered as a voter.
Such a process results in bureaucratic processes causing unnecessary delays and
bottlenecks to the voter registration processes. A further concern previously raised has
been that the formulation of Section 24(1) is deliberate to serve profiling and intimidatory
purposes.
The amendment in the bill would serve to address the twin concerns outlined above.
The new provision is consistent with Section 155(2) (b) of the Constitution that places an
obligation on the State to take appropriate legislative measures to ensure that all eligible
voters are registered as voters. It also resonates with the spirit of the SADC Principles and
Guidelines Governing the Conduct of Democratic Elections.
Clause 3
4|Page
Recommendation
For the avoidance of doubt, it may be necessary to include a specific provision in the Act or
in subsidiary regulations that sets out the process of accessing and the submission of the
registration form by a claimant. The provisions can, for example, set out where the
registration forms may be accessed either through physical or online means.
Clause 3 introduces a new Clause 3 amends section 25 of the Electoral Act to make it consistent with the proposed
procedure to be followed amendment to Section 24 of the Principal Act as explained above and brings uniformity to
by a claim for transfer by the provisions related to the process of voter registration set out in the two sections.
a voter from one
constituency to another
Clause 3 also amends Section 24(5) by the deletion of "the Registrar-General of Voters" and
AN ANALYSIS OF THE ELECTORAL AMENDMENT BILL ©ZESN 2017